LAST WILL AND TESTAMENT
of
[TESTATOR FULL LEGAL NAME]
(A Wisconsin Simple Will Template)
TABLE OF CONTENTS
- Article I – Preliminary Matters
- Article II – Definitions
- Article III – Revocation of Prior Instruments
- Article IV – Family Information
- Article V – Appointment of Personal Representative
- Article VI – Payment of Debts, Taxes, and Expenses
- Article VII – Specific Bequests
- Article VIII – Residuary Estate
- Article IX – Guardianship of Minor Children
- Article X – Digital Assets
- Article XI – Fiduciary Powers & Indemnification
- Article XII – No-Contest Clause
- Article XIII – Governing Law & Probate Venue
- Article XIV – Miscellaneous Provisions
- Article XV – Execution & Attestation
- Article XVI – Wisconsin Self-Proving Affidavit
[// GUIDANCE: This template is designed to satisfy the execution, witness, and probate requirements of Wisconsin Statutes ch. 853. Bracketed text must be customized. Remove guidance comments prior to final execution.]
ARTICLE I
PRELIMINARY MATTERS
1.1 Effective Date. This Last Will and Testament (“Will”) is made on [DATE] and shall be effective upon my death.
1.2 Capacity & Intent. I, [TESTATOR FULL LEGAL NAME], a resident of [COUNTY], Wisconsin, being at least 18 years of age and of sound mind, declare this document to be my Will.
ARTICLE II
DEFINITIONS
For purposes of this Will, capitalized terms have the meanings set forth below:
a. “Child” or “Children” means any biological or legally adopted descendant of mine, born or adopted before or after the execution of this Will, excluding stepchildren unless specifically named as Beneficiaries.
b. “Estate” means all property, real and personal, tangible and intangible, wherever situated, in which I have an interest at my death, including insurance and retirement benefits payable to my Estate.
c. “Personal Representative” means the individual or corporate fiduciary appointed in Article V to administer my Estate and carry out this Will (also commonly referred to as “Executor” under Wisconsin law).
d. “Residue” or “Residuary Estate” means all assets remaining in my Estate after payment of the items described in Article VI and distribution of any Specific Bequests under Article VII.
e. “Specific Bequest” means a gift of a particular asset or sum of money described in Article VII.
ARTICLE III
REVOCATION OF PRIOR INSTRUMENTS
3.1 Total Revocation. I hereby revoke all prior Wills and codicils.
ARTICLE IV
FAMILY INFORMATION
4.1 Marital Status. I am currently [single / married to SPOUSE NAME].
4.2 Children. My Children are:
1. [NAME, birthdate]
2. [NAME, birthdate]
(add as needed)
[// GUIDANCE: Accurate identification of family members aids probate administration and reduces contest risk.]
ARTICLE V
APPOINTMENT OF PERSONAL REPRESENTATIVE
5.1 Primary Appointment. I appoint [PRIMARY PERSONAL REPRESENTATIVE NAME], currently residing at [ADDRESS], as Personal Representative of my Estate.
5.2 Successor Appointment. If the primary appointee is unable or unwilling to serve, I appoint [SUCCESSOR PERSONAL REPRESENTATIVE NAME] as successor Personal Representative.
5.3 Bond. No bond shall be required of any Personal Representative, unless a court specifically orders otherwise.
5.4 Powers. The Personal Representative shall have all powers granted under Wisconsin law, including those in Wis. Stat. ch. 857, together with the additional powers enumerated in Article XI.
ARTICLE VI
PAYMENT OF DEBTS, TAXES, AND EXPENSES
6.1 Payment Directive. My Personal Representative shall pay from my Estate all enforceable debts, expenses of last illness and funeral, costs of administration, and all estate and inheritance taxes attributable to my Estate, without apportionment among Beneficiaries, except as otherwise provided herein.
6.2 Order of Abatement. If the assets of my Estate are insufficient to pay the above amounts, property shall abate in the order provided by Wisconsin law.
ARTICLE VII
SPECIFIC BEQUESTS
7.1 Monetary Gifts.
a. I give $[AMOUNT] to [BENEFICIARY NAME].
b. (Add additional gifts as necessary.)
7.2 Tangible Personal Property.
a. I devise my [e.g., “1967 Gibson guitar”] to [BENEFICIARY NAME].
b. [Insert additional items or reference separate written statement permitted under Wis. Stat. § 853.32].
[// GUIDANCE: Wisconsin allows a separate, signed personal property memorandum referenced in the Will. If intended, add cross-reference language here.]
ARTICLE VIII
RESIDUARY ESTATE
8.1 Gift of Residue. I give all of the Rest, Residue, and Remainder of my Estate, including any property over which I have a power of appointment, to [BENEFICIARY/SHARE FORMULA].
8.2 Contingent Disposition. If no named Beneficiary survives me, the Residuary Estate shall pass per stirpes to my then-living Children; if none, to my heirs at law as determined under Wisconsin intestacy statutes.
ARTICLE IX
GUARDIANSHIP OF MINOR CHILDREN
9.1 Guardian. If, at my death, any of my Children are under age 18, I nominate [GUARDIAN NAME] as Guardian of the person and estate of such minor Children.
9.2 Successor Guardian. If the above-named Guardian cannot serve, I nominate [SUCCESSOR GUARDIAN NAME].
ARTICLE X
DIGITAL ASSETS
10.1 Authority. I authorize my Personal Representative to access, manage, distribute, or dispose of my digital assets and electronic communications to the fullest extent permitted by the Revised Uniform Fiduciary Access to Digital Assets Act as adopted in Wisconsin (Wis. Stat. ch. 711).
ARTICLE XI
FIDUCIARY POWERS & INDEMNIFICATION
11.1 Expanded Powers. In addition to statutory powers, my Personal Representative may, without court order:
a. Sell, lease, or encumber Estate property at public or private sale;
b. Engage professionals and delegate authority;
c. Make elections under tax statutes;
d. Make distributions in cash or in-kind;
e. Continue, incorporate, or liquidate any business interest.
11.2 Indemnification. My Personal Representative shall be indemnified out of the Estate against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees) incurred in good-faith administration, except for losses arising from willful misconduct or gross negligence.
11.3 Liability Cap. Any liability of the Personal Representative shall be limited to the value of the assets of my Estate; no personal liability shall attach.
ARTICLE XII
NO-CONTEST CLAUSE
12.1 Disinheritance for Contest. Any Beneficiary who, directly or indirectly, contests or assists in contesting this Will or any devise herein shall forfeit his or her bequest and shall take $1.00 in lieu thereof, the forfeited share passing under Article VIII as if such Beneficiary had predeceased me.
[// GUIDANCE: Wisconsin enforces in terrorem clauses unless probable cause exists. Consider strength of language based on client’s risk tolerance.]
ARTICLE XIII
GOVERNING LAW & PROBATE VENUE
13.1 Governing Law. This Will shall be governed by, and construed in accordance with, the laws of the State of Wisconsin.
13.2 Venue. Probate proceedings shall be brought in the Probate Court of [COUNTY], Wisconsin.
ARTICLE XIV
MISCELLANEOUS PROVISIONS
14.1 Severability. If any provision of this Will is held invalid, the remaining provisions shall remain in full force.
14.2 Headings. Headings are for convenience only and do not affect interpretation.
14.3 Counterparts & Electronic Copies. This Will may be executed in counterparts; an electronic or photostatic copy shall be as valid as an original.
ARTICLE XV
EXECUTION & ATTESTATION
I, [TESTATOR FULL LEGAL NAME], being of sound mind and 18 years of age or older, hereby sign this Will in the conscious presence of the undersigned witnesses, declaring the foregoing instrument to be my Last Will and Testament.
Date: ____, 20__
__________
[TESTATOR SIGNATURE]
[PRINT NAME]
Witness Attestation
We, the undersigned witnesses, each declare under penalty of perjury that on the date written above, in the conscious presence of the Testator and of each other, (1) the Testator signed this Will or acknowledged the Testator’s signature, (2) the Testator declared this instrument to be the Testator’s Will, and (3) we sign our names hereto as witnesses. We are each at least 18 years of age, mentally competent, and not Beneficiaries of this Will.
-
__________
Signature of Witness #1
Print Name: ____
Address: _________ -
__________
Signature of Witness #2
Print Name: ____
Address: _________
[// GUIDANCE: Wisconsin requires two disinterested witnesses who sign within a “reasonable time” after witnessing the Testator’s signature or acknowledgment. All signatures should be on the same page if practicable.]
ARTICLE XVI
WISCONSIN SELF-PROVING AFFIDAVIT
State of Wisconsin )
County of ___ ) ss.
We, [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, declare to the undersigned authority that the Testator signed and executed the instrument as the Testator’s Last Will and Testament; that the Testator signed willingly (or willingly directed another to sign for the Testator), and that each witness, in the conscious presence of the Testator, signed the Will as a witness; and that, to the best of the knowledge of each witness, the Testator was at least 18 years of age, of sound mind, and under no undue influence.
__________
[TESTATOR SIGNATURE]
__________
[WITNESS #1 SIGNATURE]
__________
[WITNESS #2 SIGNATURE]
Subscribed and sworn before me on this _ day of _, 20____.
__________
Notary Public
My Commission Expires: _______
[// GUIDANCE: Filing a self-proved Will under Wis. Stat. § 853.04 eliminates the need for witness testimony during probate. Attach this affidavit to the Will or include it as the final page.]